Charles Simango’s ‘thinking aloud’ on DPP Kachale’s prosecution of Mphwiyo in Cashgate

Ever Since my good friend, Ralph Kasambara, was convicted of conspiracy to murder one Paul Mphwiyo, I have been anxiously waiting for the day when I will see how the Director of Public Prosecution, Mary Kachale, will play her cards regarding the prosecution of Paul Mphwiyo in the Cashgate Case.

 If you recall, the State’s case against Ralph Kasambara was that he was pressurizing Mphwiyo to make illegal payments and when the latter would not give in, Kasambara conspired with Pika Manondo and one Kumwembe to get rid of Mphwiyo.

That, according to the state, was Ralph’s motive for the attempted murder.

According to the state, their key witness was just a good citizen, shot for protecting state resources against the likes of Kasambara.

As it were, Mphwiyo went on to play his victim role very well on the stand, so well that in the end Justice Mtambo had no choice but to find Kasambara and others guilty of conspiracy to murder a patriot.

This week, the State has embarked on a totally different course, waging war against the very star witness they used against Kasambara.

The State is now parading witnesses to show that Mphwiyo was not actually the patriot they said he was but he was, in fact, the mastermind of the entire syndicate. Confusing? Not for me. I am just anxious to see how the State can wiggle out of this one.

I would like to see how they  can say one day, that their star witness was a patriot, shot for his enthusiasm in guarding state coffers against looters and, then, the next day, tell us that, in fact, its key witness is actually the Don of the Mafia that masterminded the looting – and expect us to believe both stories.

For to present Mphwiyo as the Kingpin of Cashgate is to remove the very motive of his attempted murder for which Kasambara was convicted.

To make matters worse, the State failed to include Kasambara the list of the 16 or so Cashgate suspects that were receiving and cashing the cheques, which would have given it some leg to stand on, regarding Kasambara.

So as it is the State’s only choice for a successful prosecution against Mphwiyo is to walk back its earlier assertions regarding the motive of his shooting and admit that the state was wrong about Kasambara. Or it can revert to the earlier plan by Joyce Banda’s (JB) administration which was to get Kasambara as a fall guy and shield Mphwiyo by portraying him as a hero – which JB used to do frequently and openly on the public podium.

Indeed, the rule of the fall guy is that once you finger your man and succeed in heaping blame him, the only remaining, logical thing to do is to protect the actual guilty parties by shutting up. That is why he is called a fall guy – he is made to falls, sacrificed on behalf of the guilty.

Otherwise, the moment you start removing the shield from those you were protecting, things start to unravel, the picture starts to get clearer and, eventually, everyone starts to ask the very questions you never wanted to hear in the first place such as, ‘so, what is this other guy in prison for?’

But as I said, I am just keen to see how the DPP will eat her cake and have it. Who knows, she may even succeed! But until then, let us wait and see, let us wait and see.